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The minor law books: The minor law books — Oxford: Clarendon Press, 1889

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https://doi.org/10.11588/diglit.52452#0045
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RULES OF PROCEDURE ; THE ANSWER.

17

the village, in the interior of a house, and by ene-
mies ; a sentence passed under any one of these
various circumstances may be reversed.
*44. Owing to the recondite nature of lawsuits,
and the weakness of memory, the answer may be
delayed at pleasure in lawsuits relating to a debt or
other subject, with a view to ascertain the true facts.
* 45. Let him answer at once in charges con-
cerning a cow, landed property, gold, a woman,
robbery, abuse, an urgent affair, a heinous offence,
or a calumny.
* 46. One who tries to right himself in a quarrel,
without having given notice to the king, shall be
severely punished and his cause must not be heard.
* 47. A defendant who absconds when the cause is
about to be tried, and he who does not take heed of
what (the claimant) says, shall be arrested by the
plaintiff until the legal summons has been declared.
*48. Local arrest, temporary arrest, inhibition
44. Owing to the recondite nature of lawsuits, and on account
of the weakness of men’s memory, which renders them unable to
remember distinctly any event that has occurred long ago, the
defendant in a lawsuit must be allowed sufficient time to prepare
his answer. A. Read n/zadishu in the text.
45, 46. The first rule constitutes an exception to the preceding
one. In the cases here mentioned the answer should be tendered at
once. A. Gautama XIII, 40, 41; Ya^wavalkya II, 12, 16.
48. Local arrest is in this form : ‘ If you move from this place,
the king will arrest you.’ Temporary arrest is in this form: ‘You
must not leave this house for a certain period.’ Inhibition from
travelling consists of a prohibition not to undertake a journey
on which one has determined. Arrest relating to karman is in
this form: ‘You must not persevere in performing this or that
karman (religious ceremony).’ Thus according to A. and Viramitro-
daya, p. 55. When placed under arrest of any one out of these four-
kinds, the person arrested must not break the arrest. Otherwise he
will become guilty of an offence against the king. A.
f33] c
 
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